Am I entitled to overtime?

I work for an auction company through an agency. Last week I worked 8 hours on Monday, 9 hours on Tuesday, 10 hours on Wednesday, 14 on Thursday and 10 on Friday. I was paid for 8 hours regular and 1 overtime for Friday. I feel i should have received 9 overtime since i was already over 40 hours. Who is right?

2 answers  |  asked Dec 15, 2016 11:27 PM [EST]  |  applies to California

Answers (2)

Marilynn Mika Spencer
I *almost* agree with Mr. Itkin! Most likely he read your facts too quickly or there was a typo because he calculated that you worked 2 overtime hours on Tuesday but you wrote that you worked 1 overtime hour.

First, my response assumes you are not exempt from overtime and that your employer designated a standard workweek (Sunday through Saturday).

A summary of California overtime law is:

Under California law, most non-exempt employees are entitled to overtime if they work over 8 hours in one day or over 40 hours in one workweek. The employee is not entitled to two overtime payments for the same hours but is entitled to the most beneficial calculation (see application below).

The overtime rate is one and one-half times an employee’s regular rate of pay for:
– all time worked above 8 hours per day up to 12 hours per day; and
– the first 8 hours of work on the seventh consecutive day of work in one workweek.

The overtime rate is two times an employee’s regular rate of pay for:
– all time worked above 12 hours in one day; and
– all time worked beyond 8 hours on the seventh consecutive day of work in one workweek.

The regular rate of pay includes hourly pay, salary, piecework pay, and commissions. At times, determining the regular rate of pay can be complicated. If your regular rate of pay is not obvious, you may need to consult with an attorney.

An employer must pay an employee overtime per the above rates even if the employee’s overtime work was not approved. However, the employer is free to discipline an employee who worked unapproved overtime.

In your specific case, you worked:

Mon: 8 hrs. – no OT earned

Tue: 9 hrs. – 1 hr. OT at 1.5 times regular rate

Wed: 10 hrs. – 2 hrs. OT at 1.5 times regular rate

Thu: 14 hrs. – 4 hrs. OT at 1.5 times regular rate and 2 hrs. OT at 2.0 times regular rate

Fri: 10 hrs. – 2 hrs. OT at 1.5 times regular rate

You worked a total of 51 hours during the week and should be paid OT for 11 of those hours because you are entitled to overtime for all hours worked above 40 in one workweek. You reach the same total (11 hrs. of OT) if you add up the number of daily overtime hours.

Because you were entitled to 2.0 times the regular rate for time worked above 12 hours in one day, you are entitled to 2 hours of double time for the 13th and 14th hours you worked on Thursday, not just 1.5 times the regular rate.

So . . . for this week, you should have been paid a total of 8 hours of overtime at 1.5 time the regular rate and 2 hours of overtime at 2.0 times the regular rate. If you were paid correctly for Monday through Thursday, then you are entitled to 2 overtime hours for Friday.

posted by Marilynn Mika Spencer  |  Dec 18, 2016 4:49 PM [EST]
Arkady Itkin
Hello,
If you were paid correctly for overtime on Tuesday, Wed and Thursday, then you should be paid for for 2 overtime hours on Friday (8 regular plus 2 overtime). Otherwise, if you are paid for 9 overtime hours in addition to being paid overtime for each day, then it would mean you are paid twice.
In sum, the correct way to pay overtime in your situation would be:
Monday - no overtime.
Tuesday / Wednesday: 2 hours of overtime at 1.5 time your regular rate.
Thursday: 4 hours of overtime at 1.5 times your regular rate and 2 hours at double the regular rate.
Friday: 2 hours at 1.5 time of your regular rate.

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  Dec 16, 2016 11:28 AM [EST]

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